Senator BIRMINGHAM (South Australia—Leader of the Opposition in the Senate) (09:31): I seek leave to move a motion relating to the Albanese Labor government and its failure to keep Australians safe. Leave not granted. Senator BIRMINGHAM: Pursuant to contingent notice of motion standing in my name, I move: That so much of the standing orders be suspended as would prevent him moving a motion to provide for the consideration of a matter, namely a motion to allow a motion relating to the Albanese Government's response to the decision to be moved and determined immediately. President, the first duty of any Australian government is to keep people safe, to keep Australians safe. The failure we are seeing from those opposite is a shameful failure. We have seen one of the greatest bungles with one of the most serious consequences. This government has mishandled the rulings of the High Court, the case when it was before the court and its responses to it with grievous consequences that have now endangered the lives of Australians, seeing the types of circumstances unfold that had been foreshadowed from the moment this matter became public. It has been a case of failure upon failure upon failure by the Albanese Labor government in its handling of this matter. Failure in the court case itself, where the government allowed government to speak out of both sides of its mouth. It had the Human Rights Commission saying one thing, sanctioned by the Attorney-General— Senator Cash interjecting— The PRESIDENT: Senator Cash! Senator BIRMINGHAM: while the government ran alternate case. Indeed, the government apparently telling the court that it could not repatriate the individual who was the subject of the case while potentially receiving advice that perhaps it could repatriate them—undermining the case that it could have run. Then of course, on the day of judgement handed down by the court, we had the government release the one individual and say they would wait to receive the statement of reasons before doing anything else. But what did they do? They failed again. They failed to stick to what they said they would do. An opposition senator: That's right. Senator BIRMINGHAM: They said they'd wait, but they started the release—and release and release and release—until more than 100 individuals had been released across Australia. And let's remember: these individuals—murderers, rapists, child sex offenders, paedophiles—these are individuals— Senator Cash: Contract killer! The PRESIDENT: Senator Birmingham, please resume your seat. I am very reluctant to interrupt the Leader of the Opposition in the Senate, but the constant disorder and disrespect and interjections from the left side of the chamber is unacceptable. If you wish to speak, seek the call otherwise listen in silence. Senator Birmingham. Senator Cash: Go Birmo! Opposition senators interjecting— Senator BIRMINGHAM: I'm perfectly relaxed, President. On the day of the judgement, the government said it would wait but, instead, it didn't take its own advice—it didn't do as it said it would do—it just went on and released individual, after individual, after individual, who it was known posed a threat to the Australian community. In this place, and in the other place, we saw the government face questions from Mr Dutton, from Senator Cash and from Senator Paterson about the risks that these individuals posed, but the government couldn't stick to its own decision; it couldn't detain them and await the statement of reasons. Instead, it proceeded to release them. Then what did we see from this government, that had failed in its handling of the case and had failed on the day of, and on the days following, the statement of reasons? We saw them bring legislation to this parliament—legislation that, again, reflected calls the opposition had made for the government to look, where these individuals had been released, at how they could be tracked and followed, and what steps could be taken. What did the government do? It released the legislation at breakfast time. At 8 am the opposition were given briefings on that legislation. And what did we do in response to it? We went away and had a look to see whether we could make it tougher. The government went out publicly, and said, 'This is as tough as it gets!' That was at breakfast time. Guess what? By lunchtime they had accepted all the amendments from the opposition—all six amendments from the opposition to make the legislation tougher were accepted by lunchtime by the Albanese government. So they failed in the case's handling, failed in the immediate response and failed in the first package of legislation. We're now having to work through further packages of legislation with this government. We are taking the diligence and time to try to ensure that it is done thoroughly. It is so critical for the opposition to keep a check on this government, because they're not up to it! And they've shown they're not up to it time and time again. Minister Giles and Minister O'Neil clearly demonstrated that they're not up to it, which is why Prime Minister Albanese should at last show some leadership and sack these hopeless ministers— Opposition senators interjecting— The PRESIDENT: Order! Senator Birmingham, please resume your seat. I expect silence. Senator Birmingham, please continue. Senator BIRMINGHAM: Sack these hopeless ministers—Minister Giles and Minister O'Neil—because the consequences are now writ large. Go and ask the woman in South Australia who was sexually assaulted what she thinks of the way your government has handled this! Go and ask Australians who are dealing now with the consequences of having murderers, rapists, sexual assaulters and paedophiles— Honourable senators interjecting— The PRESIDENT: Order across the chamber! Senator Birmingham, please resume your seat. Senator Hughes? Senator Hughes: A point of order, President. Senator Ayres should withdraw the slur he just made to Senator Birmingham across the chamber. This is about the sexual assault of a woman, and referring to Senator Birmingham in that way, you are a disgrace— The PRESIDENT: Thank you, Senator Hughes, resume your seat! May I remind senators that when you stand on a point of order it is not your opportunity to make a statement. You simply make your point of order and resume your seat. Senator Ayres I didn't hear if you made a slur but if you did I ask you to withdraw it. Senator Ayres: Amongst a blizzard of reflections, I'm happy for mine to be singled out— The PRESIDENT: Senator Ayres, resume your seat! Senator Ayres, I'm going to ask you— Senator Cash: You set the standard, you should follow it! The PRESIDENT: Order! Senator Cash, you have constantly interjected. Senator Ayres, please just withdraw it, if you made a slur. Senator Ayres: I withdraw. The PRESIDENT: Thank you. Senator Urquhart? Senator Urquhart: I would also ask Senator Hughes to withdraw the comment she made towards the senator. The PRESIDENT: Thank you— Senator Hughes: I withdraw. The PRESIDENT: Thank you, Senator Hughes. Senator Birmingham. Senator BIRMINGHAM: So it has been fail, after fail, after fail by the Albanese government and the consequences are now home, that Australians have faced the reality of a sexual assault being undertaken and of other threats being posed. These ministers should be sacked and this government should go. (Time expired)